LIPCHIK v. Jasjit Singh Heera, et al., Defendants. (1999)

Supreme Court, Appellate Division, First Department, New York.

Janeen LIPCHIK, Plaintiff-Respondent, v. Jared B. WEISS, et al., Defendants-Appellants, Jasjit Singh Heera, et al., Defendants.

Decided: November 04, 1999

ELLERIN, P.J., ROSENBERGER, TOM, LERNER and SAXE, JJ.

Gideon J. Karlick, for Plaintiff-Respondent. Carol Finocchio & Lawrence B. Goodman, for Defendants-Appellants.

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered March 16, 1999, which denied defendants' motion for summary judgment dismissing the action for lack of a serious injury within the meaning of Insurance Law § 5102(d), unanimously affirmed, without costs.

The motion was properly denied, there being competent objective medical evidence sufficient to raise issues of fact as to whether plaintiff was unable to perform substantially all of her daily activities for at least 90 out of the 180 days following the accident, and whether she suffers from range of motion limitations that are either “permanent” or “significant” within the meaning of the statute (see, Bitici v. New York City Tr. Auth., 245 A.D.2d 157, 666 N.Y.S.2d 188). We have considered defendants' other contentions and find them unpersuasive.

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network